The rigors of Section 37 of the NDPS Act can be diluted in favor of granting bail to a first-time offender when the right to a speedy trial under Article 21 of the Constitution is compromised due to slow trial progress.

JASJIT SINGH BEDI, J.

****

The prayer in this 4th petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.52 dated 13.05.2024 under Sections 22 (later on added Section 22 -C ) of NDPS Act, 1985at Police Station Mehatpur, District Jalandhar (Annexure P-1).

2. As per the allegations, the petitioner was apprehended with 215 intoxicant tablets containing the salt Etizolam.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As the petitioner is a first-time offender, is in custody since 13.05.2024 but only 03 of the 11 prosecution witnesses have been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, she is entitled to the concession of bail in view of the judgment of the Hon’ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal , SLP (Crl.) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023 arising out of impugned final judgment and order dated 29.11.2022 in CRM(NDPS) No.1323/2022, decided on 04.05.2023.

4. On the other hand, the learned State counsel contends that commercial quantity of contraband has been recovered from the petitioner. Therefore, in view of the bar contained under Section 37 of the NDPS Act, the petitioner is not entitled to the grant of bail. He, however, concedes that the petitioner is a first-time offender, is in custody since 13.05.2024 but only 03 of the 11 prosecution witnesses have been examined so far.

5. I have heard the learned counsel for the parties.

6. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on 01.08.2022 held as under:-

“As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.

The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.

During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.

Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.

The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.

The Special Leave Petition is disposed of on the aforestated terms.

Pending application(s), if any, shall stand disposed of.”

7. In Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023, decided on 04.05.2023, held as under:-

“1. There are three petitioners in this Special Leave Petition, who were accused of committi